What are my rights if I was just terminated from my temp to hire job today because of a non-work related injury?

A skateboarding accident to be exact. The injury is a torn ACL. Yet I was told by the orthopedic surgeon that I could return to work as long as I didn’t do any bending, squatting or pivoting on my injured leg. This was written and signed by the surgeon and a copy was given to my employer. I only missed 1 day of work to make the appointment with the surgeon. Is this legal for them to terminate me even though I was cleared to work and I did work?

Asked on August 28, 2015 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you missed a day of work without the permission of your employer and without using a sick day or other PTO day to cover the absence, you may be fired employers may terminate employees who improperly leave or miss work. Or even if you were "cleared" to work by your doctor, if the inability to bend, squat, or pivot impairs your ability to do the job, you may be terminated, because an employer does not need to retain someone who cannot do their job. And you can be fired, even though injured, for any other reason, such as insubordination, performace issues, not following policies, etc.


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